Recent changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly.

On 1 September 2020 the NSW Government released the Building and Construction Industry Security of Payment Regulation 2020 (“the Regulation”) which, among other things, will drastically change the way residential builders and homeowners resolve disputes about progress payments after 1 March 2021. The Regulation, which otherwise made minor changes in relation to Retention Money Trust … Read more

Building Services Contractor sells controlling interested to Private Equity company in complex $15 million deal.

Roberts Legal was appointed to act on behalf of medium sized construction company and its two (2) directors in relation to the sale of 75% of the business, the sale of a smaller related supply business controlled by one of the directors and the restructuring of the underlying corporate entities with a private equity group … Read more

Software developer sells intellectual property to public company in $6 million once in a lifetime deal.

Roberts Legal was initially sought out by a software developer to advise in relation to an Information Memorandum and Disclaimer seeking expressions of interest in relation to the purchase of a profitable software business worth approximately $6 million that the client and others had developed following a small joint venture years earlier. There was no … Read more

Clients cash in on once in a lifetime sale of business after trading for only three years.

The clients were directors of a company that provided specialist services to industrial and mining clients. The company had secured continuing service contracts and arrangements with a number of key customers and had developed an excellent reputation after only three (3) years of trading. The directors had been approached by a business broker on behalf … Read more

Private Equity deal goes sour after years of trading. Complex misleading and deceptive conduct case settled before Court action necessary.

The clients were the sole shareholders and directors of a large and successful service company with yearly sales revenue exceeding $12 million. The directors sold the majority of their holding in the service company to a venture capital firm, on the understanding that the firm would develop and grow the business and substantially increase the … Read more

Restitution to the rescue; $390,000.00 (96%) recovery within 2 months for Accounting practice with no Fee Agreement.

The client, an Accounting practice, had performed work for a major client over a number of years and had not rendered an Account. There was no formal Fee Agreement in place. When the relationship broke down the Accountant rendered invoices tootling approximately $410,000.00. The debt was disputed. The Accountant sought assistance from Roberts Legal who … Read more

Medical Fit Out claim under Security of Payment Law and major defects litigation avoided. Injunction and Supreme Court Declaration that no reference date meant Adjudication Determination was void.

The client was a medical professional who had engaged a builder to complete a commercial fit out of his new premises. The builder’s form of contract was poor. In addition, the builder had made pre-contractual representations to the effect that it had significant experience, would take care of everything and that the client didn’t need … Read more

Project Manager bully gets a taste of his own medicine. Contract limiting time for Payment Schedule leads to Summary Judgment for $195,000 in the face of a back charges claim for over $450,000.

Roberts Legal had prepared standard form contract for the builder approximately two (2) years earlier. Among other things, the contract terms provided that a Payment Schedule under the Building & Construction Industry Security of Payment Act could only be provided within five (5) business days of receiving a Payment Claim. The builder contacted Roberts Legal for advice … Read more

Christmas Injunction leads to commercial windfall for young inventor who had shared Confidential Information with a relative under an Agreement they had prepared years earlier.

The client was the inventor of a commercial product that innovated services offered by a family member. An informal agreement was prepared by the client granting the family member the right to commercialise the idea in consideration for a right to income derived as well as a share interest in the business. The agreement was … Read more

Bridge supplier avoids litigation and recovers 87.5% using the Building & Construction Security of Payment Act within 14 days.

The client contracted to manufacture, supply and install a bridge in NSW. The bridge components were manufactured in France. Equipment required to erect the bridge was shipped in from Overseas. There was no formal contract for the supply of the bridge. The contract terms arose from a Quotation, terms on a Purchase Order, terms specified … Read more